R v. Middleton
England and Wales Court for Crown Cases Reserved
L.R. 2 C.C.R. 38 (1873)
- Written by Sharon Feldman, JD
Facts
George Middleton (defendant) had 11 shillings in an account in a post-office savings bank. Middleton notified the bank that he wanted to withdraw 10 shillings. When Middleton went to the post office to get the money, the clerk made a mistake and placed on the counter eight pounds, 16 shillings, and 10 pence. The clerk then entered that amount in Middleton’s depositor’s book and stamped the book. Middleton took the money and left. When the mistake was discovered, Middleton said he had burned his depositor’s book. A jury convicted Middleton of larceny, concluding that he acted with animus furandi when he took the money off the counter and that he knew the money belonged to the postmaster general when he took it. The question for the Court for Crown Cases Reserved was whether Middleton was properly found guilty of larceny given that the clerk intended to part with the property and Middleton did not obtain possession by fraud or trick.
Rule of Law
Issue
Holding and Reasoning ()
Concurrence (Pigott, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
